C. Foster Parent Interventions

1. Generally, Two Avenues to Seek to Intervene in CPS Proceedings

•   General standing provision, Tex. Fam. Code § 102.003 (a)(12)

an original suit may be filed at any time by a person who is a foster parent of a child placed by the Department of Family and Protective Services in the persons home for at least 12 months ending not more than 90 days preceding the date of the filing of the petition

OR

•   Established through:

◦   Tex. Fam. Code § 102.004(b),

◦   showing of Substantial Past Contact, and

◦   satisfactory proof to the court that the appointment of a parent as Sole Managing Conservator or both parents as Joint Managing Conservators would significantly impair the child’s physical health or emotional development

2. Foster Parents Showing of Substantial Past Contact

Foster parents who had the children for 4 months had established substantial past contact under Tex. Fam. Code § 102.004(b). They did not have to show standing under Tex. Fam. Code § 102.003(12). (In re Salverson, No. 01-12-00343-CV (Tex. App. – Houston, April 23, 2012, no pet.) (mem. op.))

Foster parents who had the children placed in their care for almost 22 months at the time the intervention was filed had substantial past contact under Tex. Fam. Code § 102.004(b). (In re A.B., 412 S.W.3d 588 (Tex. App. – Fort Worth 2013), aff’d No. 13-0749 (Tex. May 16, 2014))

Foster parents had standing under Tex. Fam. Code § 102.004(b) because the child had been in their care for all but the first 7 days of the child’s life, for a total of 15 months, at the time their intervention was filed. (In re N.L.G., 238 S.W.3d 828 (Tex. App. – Fort Worth 2007, no pet.))